bus law chap 9

Spam

Bulk, unsolicited (junk) e-mail, accounting for roughly 75 percent of all e-mails.

State Regulation of Spam

Many state laws require e-mail ad senders to instruct recipients on how to 'opt out' of further e-mail ads.

U.S. Safe Web Act

Allows the FTC to cooperate with foreign agencies in investigating spamming and provides immunity to ISPs for sharing information.

Federal CAN-SPAM Act

Permits sending unsolicited commercial e-mail but prohibits false addresses and misleading information.

Domain Name

The series of letters and symbols used to identify a site operator on the internet.

Top-Level Domain (TLD)

The part of the domain name to the right of the period indicating the type of entity that operates the site.

Second-Level Domain (SLD)

The part of the domain name to the left of the period, chosen by the entity registering the domain.

Goodwill

The valuable reputation of a business viewed as an intangible asset.

Internet Corporation for Assigned Names and Numbers (ICANN)

A nonprofit corporation overseeing the distribution of domain names and operating an online arbitration system.

Cybersquatting

Registering a domain name that is the same as, or confusingly similar to, another's trademark to sell it back to the trademark owner.

Anti-Cybersquatting Consumer Protection Act (ACPA)

Makes cybersquatting illegal if the domain name is identical or confusingly similar to a trademark and has a bad faith intent to profit.

Typosquatting

A form of cybersquatting that relies on typographical errors made by users when inputting information into a web browser.

Meta Tags

Key words that give internet browsers specific information about a web page, potentially leading to trademark infringement if used without permission.

Applicability of the ACPA

The ACPA applies to all domain name registrations of trademarks, allowing plaintiffs to collect actual or statutory damages.

Statutory Damages under the ACPA

Successful plaintiffs can receive statutory damages ranging from $1,000 to $100,000.

Expectation of Privacy Online

Analyzing when a user has a reasonable expectation of privacy in the online environment.

Litigation and Social Media

Explaining how information on social media can be accessed and used during investigations and litigation.

Role of Internet Service Providers (ISPs)

ISPs play a role in litigating online defamation and may have immunity under certain regulations.

Intellectual Property Infringement Online

Comparing threats to intellectual property infringement in the online environment versus the physical world.

Other Online Torts

Identifying other torts that arise from online conduct.

Trademark dilution

Occurs when a trademark is used without authorization in a way that diminishes the distinctive quality of the mark.

Difference between trademark infringement and trademark dilution

Trademark infringement requires proof of consumer confusion, while dilution does not.

Licensing

A company permits another party to use a trademark or other intellectual property under a license.

Example of licensing in software

When a user downloads an application on a smartphone, they enter into a licensing agreement to use the application.

Restrictions in licensing agreements

Licensing agreements may prohibit sharing files and limit use to specific devices or time periods.

Copyright law

The most important form of intellectual property protection on the internet, as much online material is copyrighted.

Copyright infringement

Occurs when a party downloads software or music into a computer's RAM without authorization.

Criminal penalties for copyright violations

Initially imposed only if unauthorized copies were exchanged for financial gain, but later extended to all unauthorized exchanges.

Digital Millennium Copyright Act (DMCA)

Established civil and criminal penalties for circumventing encryption software and prohibits the manufacture of circumvention devices.

Fair Use under DMCA

The DMCA allows fair use of circumvention methods for educational and noncommercial purposes.

Liability of Internet Service Providers (ISPs) under DMCA

ISPs are not liable for copyright infringement unless they are aware of the violation and fail to act.

File-sharing technology

Accomplished through peer-to-peer (P2P) networking, allowing users to share resources without a central server.

Cloud computing

Delivery of on-demand services from third-party servers over a network, often subscription-based.

Impact of file-sharing on the motion picture industry

File-sharing leads to significant revenue losses annually due to piracy.

Social media

Forms of communication through which users create and share information and content via the internet.

Impact of social media on litigation

Social media posts can provide damaging information and are routinely included in discovery.

Social media and settlement agreements

Posts can invalidate settlement agreements that contain confidentiality clauses.

Use of social media in criminal investigations

Law enforcement uses social media to detect and prosecute criminals, as many boast about illegal activities.

Electronic Communications Privacy Act (ECPA)

Amended federal wiretapping law to cover electronic forms of communications, applicable to social media.

Employers' social media policies

Large corporations may have guidelines for social media use, with violations leading to disciplinary actions.

ECPA

Prohibits the intentional interception of any wire, oral, or electronic communication.

Intentional Disclosure

Prohibits the intentional disclosure or use of information obtained through interception.

Employer Exclusions

Employers can monitor electronic communications through devices they provide, but cannot monitor personal communications without consent.

Stored Communications Act (SCA)

Part of the ECPA, it prohibits intentional and unauthorized access to stored electronic communications.

Protection of Social Media Passwords

Legislation protects individuals from being forced to disclose their social media passwords.

Internal Social Media Networks

Companies use intranets for employee communication, enhancing trade secret protection and providing real-time information.

Cyber Tort

A tort committed via the internet, with online defamation being one of the most prevalent forms.

Defamation

Wrongfully hurting a person's reputation by communicating false statements about them.

Identifying Defamation Authors

Businesses can sue 'John Doe' to uncover identities of anonymous defamers through court orders to ISPs.

Liability of ISPs

Under the Communications Decency Act, ISPs are generally not liable for defamatory statements made by users.

Online Conduct Suits

E-mails, tweets, and posts can lead to various tort claims including defamation and emotional distress.

Privacy Rights

Users' privacy rights are implicitly guaranteed by the Supreme Court and explicitly by some state constitutions.

Reasonable Expectation of Privacy

A person must have a reasonable expectation of privacy to maintain a suit for invasion of privacy.

Cookies

Small files stored in a user's browser to track online behavior and preferences.

FTC Investigations

The FTC investigates privacy violations and can enforce consent decrees against companies.

Privacy Policies

Companies define the privacy rights of online users, though this is changing with increased scrutiny.